How Ballot Access Laws Affect the U.S. Party System

  • Richard Winger

Abstract

Political scientists have long been aware of the relationship between American political parties and the law. That relationship began prior to the turn of the century when states introduced the government-printed Australian ballot, an innovation which required states to determine the standards for parties to gain access to that ballot. Those early laws set the stage for the later Progressive-inspired laws imposing on officially recognized parties a variety of regulations, most notably the requirement that the parties nominate their candidates through the process of primary elections. In recent years political scientists have supplemented this traditional focus on the historical impact of state laws on party development with a new focus: the impact on parties of decisions rendered by the judiciary, especially by the United States Supreme Court. It is this later development which inspired the Political Organizations and Parties Section of the American Political Science Association to sponsor a workshop on "Parties and the Law" at the 1995 Annual Meeting of the Association. Three of the papers presented at that workshop are included in this issue of The American Review of Politics.

References

Gillespie, J. David. 1993. Politics at the Periphery. Columbia: University of South Carolina Press.

Moore, John L., ed. 1985. Congressional Quarterly's Guide to U.S. Elections. 2d. ed.; Washington, D.C.: Congressional Quarterly.

Petersen, Svend. 1963. A Statistical History o f the American Presidential Elections. London: Frederick Unger.

Schmidt, Karl M. 1960. Henry A. Wallace, Quixotic Crusade 1948. Syracuse, NY: Syracuse University Press.

State of Nevada. 1959. Political History of Nevada. Carson City: Secretary of State.

Storms, Roger C. 1972. Partisan Prophets: A History of the Prohibition Party. Denver: National Prohibition Foundation. CASES

American Party v. Jemigan, 424 F. Supp. 943 (1977).

Andersen v. Celebrezze, 460 U.S. 780 (1983).

Blackman v. Stone, 17 F. Supp. 102 (1936), 300 U.S. 641 (1937), 101 F.2d 500 (1939).

Bullock v. Carter, 405 U.S. 134 (1972).

Burdick v. Takushi, 504 U.S. 428 (1992).

Fair v. Taylor, sub nom Bush v. Sebesta, cert denied, 423 U.S. 975 (1975).

Hudler v. Austin, 419 F. Supp. 1002 (1976), affirmed, 430 U.S. 924 (1977).

Illinois State Board of Elections v. Socialist Workers Party, 440 U.S. 173 (1979).

Jenness v. Fortson, 403 U.S. 431 (1971).

Libertarian Party of Missouri v. Bond, 764 F.2d 538 (8th Cir. 1985).

Libertarian Party of Virginia v. State Election Board, 766 F.2d 865 (4th Cir. 1985).

Libertarian Party of Washington v. Munro, 31 F.3d 759 (9th Cir. 1994).

Longo v. U.S. Postal Service, 983 F.2d 9 (1992), cert denied, 113 S.Ct. 2994 (1993).

Mac Doug all v. Green, 335 U.S. 281 (1948).

McLain v. Meier II, 851 F.2d 1045 (8th Cir. 1988).

Moore v. Ogilvie, 394 U.S. 814 (1969).

Munro v. Socialist Workers Party, 479 U.S. 189 (1986).

Norman v. Reed, 502 U.S. 279 (1992).

Oviatt v. Baxter, unreported, U.S.D.C. (S.D. Ia) No. 4-92-cv-10513.

Ptak v. Meyer, U.S.D.C. (Co.), No. 94-N-2250.

Rainbow Coalition v. State Election Board, 844 F.2d 740 (10th Cir. 1988).

Socialist Workers Party v. Hechler, 890 F.2d 1303 (4th Cir. 1989).

Socialist Workers Party v. Secretary of State, 317 N.W.2d 1 (1982).

State ex rel Barnett v. Gray, 144 So.2d 349 (1932).

State of W.V. v. Wheeler, 14 S.E.2d 677 (1941).

Stevenson v. State Election Board, 794 F.2d 1176 (7th Cir. 1986).

Storer v. Brown, 415 U.S. 724 (1974).

Vogler v. Miller, 651 P.2d 1192 (1982).

Williams v. Rhodes, 393 U.S. 23 (1968).

Published
1996-01-01
Section
Articles